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Jovan Jackson, trailblazing San Diego dispensary owner found guilty after 3rd trial, vows to appeal

By Jack Daniel on November 7, 2013 Culture, News, Opinion

Jovan Jackson, from YouTube.

Just over one year ago, on October 24th, 2012, historical legal precedent was set in the state of California in regard to its ambiguous medical marijuana laws. San Diego based medical marijuana storefront owner, Jovan Jackson, had been tried in court twice, based first on entrapment style undercover buys in 2008 (acquitted of all charges), and then trumped up charges of possession and sale of marijuana after a raid on his shop in 2009, of which he was eventually found guilty.

Should You Be Fired for Smoking Weed Off-Hours? This Bill Says No.

By Toke of the Town on January 17, 2020 Follow that story, Legislation

Amendment 64, the ballot initiative that voters approved in 2012 to legalize recreational weed in Colorado, says that “marijuana should be regulated in a manner similar to alcohol,” but that hasn’t made the plant equal to alcohol in the eyes of many employers. At companies across Colorado, testing positive for marijuana is still legal grounds for dismissal, even if your employer acknowledges that you weren’t high on the job.

Over seven years after Coloradans legalized marijuana, state lawmakers may finally be ready to address the issue this year. Introduced by Representative Jovan Melton (D- Aurora), House Bill 1089 “prohibits an employer from terminating an employee” for “lawful off-duty activities,” even if those activities are illegal under federal law.

Victory! Historic Decision Issued In Medical Marijuana Case

By Steve Elliott ~alapoet~ on October 24, 2012 Dispensaries, Legislation, News

Medical Marijuana Legal Blog

Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation

The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday’s historic ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

“This landmark decision not only recognizes the right of dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson’s appeal before the court.

Court To Hear Landmark Medical Marijuana Case In San Diego

By Steve Elliott ~alapoet~ on October 10, 2012 Dispensaries, Legislation, News

K.C. Alfred/Sign On San Diego

Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, is accused of illegally selling cannabis

Advocates fight to overturn a wrongful conviction and preserve the right to a medical marijuana defense

Appellate court oral arguments are set to occur Thursday in a widely watched medical marijuana dispensary case that raises the question of what defines a legitimate dispensary. Nearly a year ago, medical marijuana patient advocacy group Americans for Safe Access (ASA) appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson.

Landmark Medical Marijuana Dispensary Ruling Prevails

By Steve Elliott ~alapoet~ on May 24, 2012 Dispensaries, Legislation, News

Marylanders 4 Safe Access

People v. Colvin Affirms That Dispensing Collective Members Are Not Required To Help Cultivate Their Marijuana

The absurd specter of seriously ill medical marijuana patients being forced to work in the fields for their medicine has been dispelled. In a major victory for the community, the California Supreme Court on Wednesday denied review of an important dispensary case out of Los Angeles. Rejecting calls from State Attorney General Kamala Harris and law enforcement to review the Court of Appeal ruling in People v. Colvin, the Court upheld certain protections for medical marijuana patients and providers.

Marijuana Advocates Appeal Conviction of Dispensary Operator

By Steve Elliott ~alapoet~ on November 22, 2011 Dispensaries, News

Nug Magazine

Jovan Jackson operated his storefront collective for years without incident until he was raided by law enforcement in 2008

Medical marijuana patient advocacy group Americans for Safe Access (ASA) on Tuesday appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson in a case that has received widespread attention.

The case against Jackson has become a symbol of the effort by District Attorney Bonnie Dumanis and other prosecutors across the state to criminalize storefront collectives. Due to state jurisprudence, California Attorney General Kamala Harris will now defend Jackson’s appeal rather than Dumanis, who originally tried him.

The Americans for Safe Access appeal not only contests Jackson’s conviction and the denial of his medical defense, but it also challenges the prosecution’s assertion that “sales” of medical marijuana are illegal under state law.

“Jackson and other medical providers deserve a defense under the state’s medical marijuana laws and these are issues for a jury to decide,” said ASA Chief Counsel Joe Elford, who authored the appeal brief filed on Tuesday. “The denial of Jackson’s defense was unfairly used to convict a medical marijuana provider who was in full compliance with state law.”

Medical Marijuana Advocates Threaten To Sue San Diego

By Steve Elliott ~alapoet~ on April 28, 2011 Dispensaries, Legislation, Medical

Photo: Pacific San Diego

Medical marijuana advocacy group Americans for Safe Access (ASA) on Thursday threatened to file suit against the City of San Diego if it doesn’t amend a recent ordinance that patient advocates are calling a de facto ban on local cannabis distribution facilities.

ASA argued in a letter sent to City Attorney Jan Goldsmith that the ordinance violates due process rights of medical marijuana collectives and cooperatives by forcing them to shut down in 30 days, leaving virtually no options for relocation.

Unless the city can “ease the restrictions on medical marijuana collectives, so that qualified patients can obtain the medicine they need,” the letter, authored by ASA Chief Counsel Joe Elford, said that the organization and its patient base would be “compelled” to seek such remedies in court.

The letter suggested that the San Diego City Council amend its ordinance to allow “medical marijuana collectives to operate in most commercial and all industrial zones” and increase “the period to obtain a conditional use permit to one year.”

Advocates Want New Trial In San Diego Pot Dispensary Case

By Steve Elliott ~alapoet~ on December 14, 2010 Dispensaries, News

Photo: K.C. Alfred/Sign On San Diego

The court deprived Jovan Jackson of the medical marijuana defense that was used to gain an acquittal in his first trial

Medical marijuana patient advocates on Wednesday will argue for a new trial in the case of dispensary owner Jovan Jackson, who was convicted on September 28 after he was tried for the second time in less than a year on the same charges of marijuana possession and sales.

After District Attorney Bonnie Dumanis failed to convict Jackson the first time, she was able to block his use of a medical marijuana defense at the second trial, virtually guaranteeing his conviction, according to patient advocacy group Americans for Safe Access (ASA).

Marijuana Dispensary Operator Convicted Of Possession, Sales

By Steve Elliott ~alapoet~ on September 29, 2010 Dispensaries, News

Photo: K.C. Alfred/Sign On San Diego

Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, was accused of illegally selling cannabis.

San Diego medical marijuana dispensary operator Jovan Jackson was convicted by a jury Tuesday on all three counts of possession and sales of cannabis with which he was charged. However, the conviction came after San Diego Superior Court Judge Howard H. Shore refused to allow Jackson a medical marijuana defense at trial.

The trial began last week, with the jury taking less than 24 hours to reach a verdict. Jackson is likely to appeal the conviction and his inability to use a medical defense.

Medical marijuana patients’ rights group Americans for Safe Access (ASA) had previously submitted a brief in Jackson’s case supporting his right to a medical defense and is considering assisting with an appeal.

San Diego Jury Deliberating In Medical Marijuana Case

By Steve Elliott ~alapoet~ on September 28, 2010 Dispensaries, Medical, News

Photo: ASA San Diego

The jury is deliberating in the second trial of San Diego medical marijuana provider Jovan Jackson.

A Superior Court jury has heard the evidence in the trial of Jovan Jackson, accused of illegally selling marijuana at a now-defunct medical cannabis dispensary in Kearny Mesa, California, and is expected to begin its first full day of deliberations Tuesday.

Jackson, 32, faces charges of possession and sale of marijuana at Answerdam Collective Care on Convoy Court. If convicted, he could be sentenced to more than six years in prison, reports Dana Littlefield at Sign On San Diego.

Jackson owned Answerdam, described as a “marijuana store,” according to Deputy Attorney Chris Lindberg. The prosecutor claimed that Jackson misused California’s medical marijuana law, which he said was intended to help the sick and suffering, to “line his own pockets.”

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